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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69512
Experience:  Over 5 years in practice
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I have sold a motorised surf board in April 2015 to a customer

Customer Question

I have sold a motorised surf board in April 2015 to a customer , 5 months after taking delivery the customer claims they were getting electric shocks from the product.
After threatening to contact trading standards I had the product returned and tested , I have also sent the customer a sort video to show the product in working order hence I have therefore returned it to them.
They now at maintaining that the product is still unsafe and are wanting a refund , if I don't respond by this Friday they're threatening legal action.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You are a private seller I presume?
Customer: replied 1 year ago.

I'm a limited company

Expert:  Jo C. replied 1 year ago.
Do you sell these products commercially?
Customer: replied 1 year ago.

Yes I sell them commercially , FYI I've also sold 3 others to other customers since this sale with no complaints ? I did ask a 3rd party to look at it however because it was a new product he didn't understand the workings so didn't want to put his name to it.

i then had it returned to me in leicester and had it independently checked for electric shocks etc, the result was fine and I had the product returned to the customer.

the customer had threatened us with trading standards , after checking their terms I believe we have handled the complaint correctly , I feel that the customer wants a refund for something that doesnt meet their expectations

Expert:  Jo C. replied 1 year ago.
Well, I wouldn't worry about trading standards. The worst they will do is investigate.
The question here is twofold really. The first is whether this person prepared to sue. The second is whether he will just defame you on social media.
Clearly he is alleging faults of some kind. He is within the first six months of sale and so there is a presumption that any fault that does exist was there at the time of sale but this case turns upon whether or not faults does indeed exist. You seem to say it does not and that is an issue for a court to decide.
It is very unlikely that he will sue. He may do so and if he does then he will have to show that a fault exists or his case will collapse. What he may do is defame you up on social media. Unfortunately compensation hunters are quite well aware that negative reporting of this nature can be destructive to accompany whether or not it has merit.
If you believe there is no faults then I would just invite him to sue. The worst that will happen is that he will get a refund severely reduced to reflect the amount of time he has had with the products.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69512
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Jo

if the customer refuses to accept the goods from the transport company after being verified what is my position?

Expert:  Jo C. replied 1 year ago.
It doesn't really change anything.
You have tried to be reasonable and he is refusing. That doesn't give him better rights under the SGA.
Customer: replied 1 year ago.

so my transport company have brought the goods back as he rejected the delivery , what am I supposed to do with his goods ?

Expert:  Jo C. replied 1 year ago.
I would store them until the matter is resolved.
If they cannot be deposited safely at scene then that is your only option.
Customer: replied 1 year ago.
So I wait until I hear from him ?
Does the fact that he rejected the delivery also mean that he's ignoring our rights as a supplier ?
We've followed the requirements therefore he should be satisfied and accept ?
Expert:  Jo C. replied 1 year ago.
No, not necessarily. it depends.
If he is right and there is a fault of the kind he describes then he can't reasonably be expected to accept a further repair given the dangers.
Customer: replied 1 year ago.

Am I in my rights to ask Why he's not accepted the delivery ?

Expert:  Jo C. replied 1 year ago.
Not really. At least not to demand an answer.
The answer would only be that he believes he has a right to do so and that turns upon whether or not the fault is of the kind he describes.

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